PEOPLE EX REL. McWHINNEY v. SMITH


219 A.D.2d 879 (1995)

632 N.Y.S.2d 40

The People of the State of New York ex rel. Vincent McWhinney, Appellant, v. Carl Smith, as Superintendent of Marcy Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 1995


Judgment unanimously affirmed without costs.

Memorandum:

On appeal, relator has abandoned the contention advanced in his petition seeking a writ of habeas corpus. Instead, he asserts that the New York State Division of Parole failed to prove, by a preponderance of the evidence, that relator violated the terms of his parole. That issue is not properly before us because it was not advanced at Supreme Court and is not encompassed within the issues raised by the...

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